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JYOTI SINGH
Savita Gulati – Appellant
Versus
Directorate of Education – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
C.M. APPL. 11422/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 2924/2023
3. Present writ petition has been filed by Petitioner seeking the following reliefs:
"a) Issue an appropriate writ, order, or direction in the nature of mandamus to the Respondent No.1 & 2 for the implementation of the Judgment, passed by the Hon'ble High Court of Delhi dated 03/08/2021, in the matter of Janardan Sharma vs GNCT of Delhi Through It's Chief Secretary & Ors., WP(C)/11154/2019, in true letter and spirit by the Respondents, for extending of the benefits of the Payment of Gratuity Act, 1972 to the Vocational Part-Time Teachers' working under the Govt. Schools of the GNCT of Delhi; &/or
b) Issue an appropriate writ, order, or direction to the Respondent No.1 & 2 to release the payment of the Gratuity as per the Payment of Gratuity Act, 1972 (as amended upto date), to the Petitioner; &/or
c) Pass an appropriate order, or direction to dispose of the instant Petition in terms of the Judgment, passed by this Hon'ble High Court of Delhi dated 03/08/2021, in the matter of Janardan Sharma vs GNCT of Delhi Through It's Chi
Part-time employees, including Vocational Part-Time Teachers, are entitled to Gratuity under the Payment of Gratuity Act, 1972, as per the court's interpretation and judgments in similar cases.
Benefits for Payment of Gratuity to Vocational Part-Time Teachers - Act does not draw a distinction between a fulltime employee/a part time employee/ad-hoc employee etc and does not speak of any spec....
Part-time vocational teachers are entitled to gratuity under the Payment of Gratuity Act as they fall within the definition of 'employee' post-amendment, despite arguments regarding their temporary e....
The main legal point established in the judgment is that the amended definition of the word 'employee' under the Payment of Gratuity Act, 1972, covers contract-based Teachers, entitling them to claim....
Gratuity entitlement for teachers is based on the total years of service rather than the specific age of retirement, and premature retirement does not negate the right to gratuity if service requirem....
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